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(영문) 부산지방법원 서부지원 2018.05.08 2018고단33
도로교통법위반(음주운전)
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Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[criminal history] On July 4, 2007, the Defendant was sentenced to a fine of KRW 700,000 as a crime of violating the Road Traffic Act (dacting driving) at the Busan District Court, and on April 15, 2010, a fine of KRW 2 million was sentenced for the same crime in the Busan District Court's Dong Branch Branch.

[2] Although the Defendant had been punished twice or more for the crime of violating the Traffic Act on the road, the Defendant driven a BF car under the influence of alcohol concentration of about 0.091% in the section of about 500 meters from the 50-meter distance to the port of the port located in the same Dong from the mother Station located in the Dong-gu, Busan at around 22:35 December 15, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver at the main driver, report on the detection of the driver at the main driver, and report on the results of investigation;

1. Response to a request for appraisal;

1. Previous convictions in judgment: Application of an inquiry letter, investigation report (the same kind of force) and other relevant Acts and subordinate statutes;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act requires that the defendant would not drive drinking again after recognizing his mistake; there is no previous conviction other than the criminal defendant who was sentenced to a fine in the judgment of the defendant; the defendant's previous conviction before 2010 has been punished for the same kind of crime; the defendant has no record of punishment for the same kind of crime; the defendant's figure of drinking and driving distance of drinking; the defendant's age, occupation, sex, family relationship, conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, shall be determined by comprehensively

It is so decided as per Disposition for the above reasons.

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